The U.S. Food & Drug Administration (FDA) notes that the potential health risks for recalled CPAP machines include:
- Liver and kidney damage
- Sinus infections
- Difficulty breathing
- Lung irritation
The FDA reports that, at this time, no one has passed away from using a Philips CPAP machine. However, these are all serious conditions that require prompt attention. If you or a loved one use a Philips CPAP machine, talk to your doctor before discontinuing use.
Why do Philips CPAP Machines Pose Health Risks?
Philips CPAP machines help people with sleep apnea get a full night’s rest. They require the user to wear a mask or mouthpiece to regulate breathing.
To reduce the machine’s noise and vibrations, the mask and mouthpiece are insulated with foam. However, this foam can break apart and enter the user’s airway, causing life-threatening conditions like the ones listed above.
The body cannot process these materials. Once the foam enters the body, it can cause serious medical problems.
Has the FDA Recalled Any Philips CPAP Machines?
In 2021, Philips recalled 13 CPAP and BiPAP machines, per the FDA. These machines include:
- Dorma 400
- Dorma 500
- REMstar SE Auto
- DreamStation Go
- SystemOne (Q-Series)
- C-Series S/T and AVAPS
- OmniLab Advanced+
- SystemOne ASV4
- C-Series ASV
- DreamStation ASV
- DreamStation ST, AVAPS
What Does a Voluntary Recall Mean for Consumers?
Here’s what you need to know about Philips’ voluntary recall:
- In 2021, Philips voluntarily withdrew many of its CPAP machines from the market, citing a “Class I” recall. This means that CPAP machines can cause serious injuries or death.
- Within 12 months of the recall, Philips hopes to have repaired or replaced all faulty CPAP machines.
Additionally, if you or a loved one suffered health complications after using a CPAP machine, you can pursue financial recovery for your losses.
Who Is at Risk of Getting Hurt By a CPAP Machine?
If you use a CPAP machine for sleep apnea, you’re at risk of ingesting or inhaling the device’s foam. Per Mayo Clinic, sleep apnea also comes with other conditions, such as:
- Old age
- Substance abuse, including alcoholism
- A family history of sleep apnea
- Being male
- People with heart disorders and a history of strokes
It’s not your fault if you get hurt by a CPAP machine. Philips must provide safe products and market them appropriately.
Can I Keep Using My CPAP Machine?
The FDA says that if your Philips CPAP machine was manufactured between 2009 to 2021, you should talk to your doctor about whether you can continue using it. They may recommend:
- Switching to a different machine. Philips isn’t the only company that manufactures CPAP machines. Switching to a different machine can manage your sleep apnea and limit your health risks.
- Using an inline bacterial filter. As noted, Philips hopes to replace or repair its faulty products within 12 months. In the meantime, it has inline bacterial filers that users can insert into their masks or mouthpieces. This prevents foam from getting into your body.
- Making lifestyle changes. Weight loss, abstaining from alcohol, and exercise can alleviate the symptoms of sleep apnea. Your doctor may recommend some of these changes while you find an alternative CPAP machine.
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Do I Qualify to File a Claim or Lawsuit Against Philips?
If you suffered harm after using a Philips CPAP machine, you can file a claim or lawsuit to recover compensation. Yet, this isn’t as easy as it sounds. Filing a successful claim or lawsuit requires you to have an understanding of state law and the legal process.
To recover damages, you also need to:
- Know the cost of your past, present, and future damages
- Have evidence to support your case
- File your case’s paperwork with the appropriate offices
- Protect yourself from bad faith insurance practices
- Negotiate a settlement
You don’t have to take on Philips by yourself. Our injury firm can manage your case at no cost to you. That way, instead of worrying about your health and finances, you can focus on your wellbeing.
How You Can Pursue Compensation from Philips
With our help, pursuing compensation starts with sending Philips a demand letter. This document summarizes your case’s details, including your condition, the cost of your damages, and other relevant information.
We Can Negotiate a Settlement
We hope that, after Philips gets your demand letter, it’ll offer the compensation you need. If not, however, we can negotiate a settlement. This involves:
- Using evidence to support your case
- Knowing the cost of your damages
- Communicating with insurance representatives
- Proving that your CPAP machine was defective
Negotiating a settlement also involves recognizing bad faith insurance practices. This means knowing what to do when the claims adjuster unjustly disputes your case.
We Can File a Civil Lawsuit
If negotiations don’t work out, we can file a lawsuit against Philips. This involves acting within Virginia’s statute of limitations, meaning you generally have two years to file your lawsuit.
Aside from filing within the correct deadline, managing your lawsuit includes:
- Filing your case to the correct court circuit
- Exchanging information with the other party’s legal team
- Cross-examining witnesses
- Objecting to unfair practices
- Abiding by all courtroom proceedings
When you have our law firm on your side, you don’t have to worry about anything. We will do everything to recover compensation for your injury-related losses.
Why Consider Partnering with Our Law Firm?
With our team on your side, you can expect:
Representation on a Contingency-Fee Basis
You don’t pay anything up front for our help. We work on a contingency-fee basis. We also take payment from your final settlement, minimizing your financial risk.
Help from an Experienced Attorney
Our founder, Attorney Jim Parrish, once represented multi-million-dollar insurance companies. He knows what goes into building successful cases. In fact, he once recovered a high-figure settlement from a large drug company.
He will use his insight, years of experience, and network of resources to pursue your case.
When you partner with our team, you’ll always know what’s going on with your case. We’ll send you updates over the phone and via email. Of course, you can always call us if you have any questions.
Begin Your Free Case Review from the Parrish Law Firm, PLLC
Recalled CPAP machines come with a host of health risks. If you suffered complications after using one of these devices, you have legal recourse. To explore your options during a free case review, call (571) 229-1800.